Introduction to this document

Notice of entitlement to SPL – mother or adopter

Both parents or adopters must submit a notice of entitlement to each of their respective employers to indicate they plan to opt in to the shared parental leave (SPL) scheme. This is a complicated form requiring a great deal of information to be provided by the employee. Our notice of entitlement covers all that information and is the version to be used by the mother or adopter

Purpose of notice

The notice of entitlement is used to notify you that the employee is entitled to take, and intends to take, SPL and, if applicable, statutory shared parental pay (ShPP). It is separate to both the Maternity Leave or Adoption Leave Curtailment Notice and the Period of Leave Notice for Shared Parental Leave. It must be in writing and submitted at least eight weeks before the start date chosen by the employee for their own first period of SPL. It can be given at the same time as the curtailment notice and/or period of leave notice, so that the notices run concurrently, but it does not have to be.

Required information

The notice of entitlement must contain the following information provided by your employee:

  • their name and the other parent’s or their partner’s name
  • if the employee is the child’s mother or adopter, the start and end dates of their maternity or adoption leave
  • if the employee is the child’s father or the mother’s or adopter’s partner, the start and end dates of the mother’s or adopter’s maternity or adoption leave, or if they aren’t entitled to maternity or adoption leave, the start and end dates of any statutory maternity or adoption pay or maternity allowance period
  • the total amount of SPL available and how much SPL each parent or adopter intends to take
  • if the employee is claiming ShPP, the total ShPP available and how much ShPP each parent or adopter intends to take
  • an indication of the pattern of SPL and ShPP the employee intends to take, including the proposed start and end dates for each period of SPL and ShPP - this indication is non-binding until a period of leave notice is given
  • the expected week of childbirth and the child’s date of birth or, in the case of adoption, the date the adopter was notified of having been matched with the child, the date the child is expected to be placed for adoption and the adoption placement date.

It must also include a signed declaration from the employee confirming a number of matters, including that they satisfy the eligibility conditions for entitlement to SPL and the information given in their notice of entitlement is accurate. 

Other parent’s or partner’s declaration

Finally, the notice of entitlement must include a signed declaration from the other parent or their partner, and this includes giving their consent both to the amount of SPL and ShPP that your employee intends to take and to your processing the information provided in their declaration. It is up to the parents or adopters to agree between themselves how they will share SPL and ShPP between them and whether they want to take the time off at the same time or at different times.

Early notice

If the notice of entitlement is given by the employee before the child is born or before the adoption placement date, they must inform you of the child’s date of birth or the adoption placement date as soon as reasonably practicable after the birth or placement and, in any event, before the first period of SPL that they wish to take.